CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Transport Canada has issued AD CF-2009-14 affecting Bell 427 series helicopters. Canada is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BELL 427/10, which will become effective on 6 May 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing the need for safety, efficiency, and coordination in air navigation and related activities. Under this Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and serve as a means to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The policy objective is to harmonise Australia's civil aviation safety regulations with international standards, thereby maintaining high safety levels in the Australian aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in ensuring the continuing airworthiness of aircraft registered in Australia and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for the airworthiness of aircraft. For instance, CASA, acting as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as Transport Canada's AD CF-2009-14 affecting Bell 427 series helicopters, by issuing a corresponding Australian AD. The issuance of such ADs is not subject to public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations that enhance the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties under this regulation include adherence to the continuing airworthiness requirements mandated by ADs. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the appropriate States of Registry to ensure that the aircraft remain airworthy. The State of Registry, in this case Australia, must implement or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. When an AD is issued by the State of Design, CASA, acting as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the airworthiness directives can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines and potential criminal charges for serious breaches. The specific penalties are determined by the severity of the offence and may include fines of up to $216,000 for corporations and $43,200 for individuals, as stipulated under various sections of the Act. Additionally, CASA may take enforcement actions such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for operators.